Affiliate Disclosure: As an Amazon Associate I earn from qualifying purchases. Additionally, I may get commissions for purchases made through other affiliate links in this post.
Wondering if you can make and sell Disney crafts? Let’s take a look at the copyright and trademark laws regarding selling Disney crafts you make.
You should know: I am not a lawyer, and don’t represent myself to be one. The information below is not legal advice. It is information I have collected online through independent research.
Table of Contents
Can You Legally Sell Disney Crafts?
You cannot legally make and sell any product with Disney lyrics, quotes, or characters on it without permission from The Walt Disney World Company.
While some companies turn a blind eye and don’t actively pursue sellers selling their trademarked properties; Disney employs a team of people whose only job it is to hunt down people/companies using their trademarks without permission.
If Disney chooses to pursue a copyright or trademark violation against you, your store or shop can be shut down, you can be forced to pay back all monies made from the items, your equipment could be confiscated, and you can be prosecuted for trademark/copyright infringement.
Unfortunately for small sellers, Disney has far more resources to legally pursue you and you will not win the battle.
How Can You Get A Disney License?
Disney has a website that offers a questionnaire about licenses. Depending on your selection, you’ll either be taken to licensing information – or a generic message. Let’s take a look at what information Disney gives when you fill in the questionnaire.
Response from Disney when you select ‘Designer of decals or posters’:
Response from Disney when you select ‘Cake Designer or baker’:
Response from Disney when you select ‘I want to make a T-shirt’:
Response from Disney when you select ‘Seek to sell or buy a Disney character or Disney-themed product on Etsy’.
What Does Disney Look for in Licensees?
Disney shares information about what they look for in licensees. You’ll note that it includes information about labor standards, product safety, credit, and insurances.
What About Licensing Disney Music or Movie Clips?
If you are seeking to license music or movie clips, you’ll want to visit The Walt Disney Studios licensing page.
Read the FAQ on the licensing page carefully. Different options provide different links to whom you will want to contact. For example, if you are inquiring about licensing Marvel, a specific email address is given. But, if you are curious about licensing theme park footage, another email address is provided.
What About Disney Cricut Cartridges?
Some Cricut cartridges have Disney images on them. These images are for personal use only as detailed in Cricut’s Angel Policy. Why? Cricut and Disney have a license agreement that allows Cricut to make and sell the cartridges, but the license agreement is between Cricut and Disney – not Disney and the end user (you).
What About Using Disney Fabric?
Many times when you buy fabric, you’ll notice a statement regarding usage on the selvage edge of the fabric. It might say: ‘Personal use only’, ‘Non commercial use only’, or something else similar.
These fabric warnings have been a hot topic in the craft world for years. Many crafters state that they are not enforceable.
There is one court case that sets a precedence regarding using licensed fabric in goods for sale (Precious Moments, Inc. v. La Infantil, Inc.). This particular case involves a crib set made using Precious Moments licensed fabric. Precious Moments, Inc stated that this was against the fabric license. In the end, the court decided that it was not an infringement and that the seller could continue to sell the products with a modification to the product label.
For me? It’s my personal policy to not make and sell items from licensed fabrics. Why? If it comes down to it, I don’t have any interest in a lengthy legal fight. But, you’ll have to decide your own policy.
Can I Resell Disney Merchandise?
If you are interested in reselling Disney products, you can do so under the first sale doctrine. The first sale doctrine states:
“The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.”
In terms everyone can understand: The first sale doctrine says that if you legally purchase a copyrighted or trademarked item, you have the right to resell it in a store, online, or to someone else.
This means that if you buy a licensed Disney shirt, let’s say from the Disney Store, that you can resell the shirt.
Can I Make Disney Crafts for Personal Use?
You can make personal use Disney crafts for yourself. As long as no money exchanges hand, it’s unlikely that you’ll be bothered by Disney.
It’s important to realize that many personal use crafts are still trademark infringements. However, it simply isn’t worth it for a company to come after an individual who isn’t selling the product.
It’s a common misconception that personal use crafts are not trademark infringements. Read about more trademark myths that you have to understand.
What About Public Domain Characters?
If you are familiar with Disney characters and stories, you’ll know that Disney didn’t create many of their characters and stories. Instead, Disney created their own version of the characters and stories.
For example, Alice in Wonderland. Alice in Wonderland is Disney’s take on Alice’s Adventures in Wonderland, a book written in the 1800’s by Lewis Carroll. The copyright has expired on Alice’s Adventures in Wonderland, and it is considered public domain.
This means that you can use characters and material from Alice’s Adventures in Wonderland in your products for sale. But, you must be cautious to only use content aligned with the Lewis Carrol book – not Disney’s version.
Learn more about public domain characters and crafting.
Can I Make and Sell Disney SVG Cut Files or Fan Art?
To make and sell Disney SVG cut files or fan art, you’d need permission from The Walt Disney Company.
I Bought a Disney SVG on Etsy with Commercial Use Rights, Why Can’t I Use It?
Put simply: It is likely that even though you bought a commercial use Disney file on Etsy, the seller selling you the file doesn’t have permission from Disney to sell it. It doesn’t matter if you bought a commercial use license, you still can’t sell it.
I’ve gone in detail about buying designs online that sellers don’t have a license to sell at this link.
Can I Use Disney in My Tags or Titles?
I see a lot of Etsy sellers listing products as ‘Disney inspired’ or just using the word ‘Disney’ in their product title, tags, or description.
This would be an infringement unless you have permission or a license from Disney.
Will a Disclaimer About Not Being the Legal Copyright/Trademark Holder Protect Me?
You may have seen disclaimers on product listings. While they may vary slightly, the text reads similarly to this:
“This item is not a licensed product. I do not claim ownership of any character or image used in my designs. Copyrights and/or trademarks of any character and/or image used belong to their respective owners and are not being sold.”
Unfortunately, a disclaimer will not protect you from copyright and trademark issues.
How Are So Many Other Sellers Selling Handmade Disney Products?
I get asked this question a lot: ‘How come I see other sellers selling Disney products on Etsy?’ There are two different answers here: 1) They have a license to sell the product. 2) They are selling illegally.
Unfortunately, I think there are a lot of sellers that don’t do their homework before making products for sale. It doesn’t help that there are so many trademark infringements online. I think sellers see others doing it, then think it is ok.
What Happens if You Get Caught Selling a Disney Product?
If you are caught illegally selling a Disney product, a few different things could happen:
- Your listings could be removed from whatever marketplace you are selling in.
- Your marketplace account could be temporarily or permanently suspended.
- You could receive a cease and desist letter.
- A lawsuit could be filed against you.
Note: It is a myth that companies have to send a cease and desist letter before starting legal proceedings against you. This is not true. Cease and desist letters are often sent because it is cheaper than formal legal proceedings.
How Can I Report Disney Trademark Infringements?
Want to report Disney trademark infringements? Please do not report them to me or leave a comment with the information. I cannot help you. Instead, you can report Disney trademark infringements directly to Disney.
- Email Disney: tips@disneyantipiracy.com
- Leave a message for the Disney Anti Piracy Team: (818) 560-3300.
Unfortunately, I have disabled comments for this article. Too many commenters were leaving comments to report trademark infringements on Etsy. If you’d like to share your comments with me, email me.
Christine Schinagl, Cutting for Business
Since 2015, Christine Schinagl has been helping crafters start and run craft businesses through her blog, Cutting for Business. As a Silhouette and Cricut crafter herself, she has a unique take on what works and what doesn’t work in the craft business world. She also enjoys teaching other crafters how to create digital SVG designs, available at through the Design with Me series.
cuttingforbusiness.com
